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Citizen spouse's passport is expired, does it still work for my green card application?

San Gabriel, CA |

I am a foreigner here in US and my husband is a US citizen. I'm about to apply my green card recently but my husband's passport is expired. Does he have to renew his passport and after that I can apply for my green card or his expired passport would still work for my application?

My husband was born in US. We'll include his birth certificate in my green card application package, will that be enough to prove he is a US citizen?

Attorney Answers 5

  1. Best answer

    If he is planning to use the passport for your applications, it must be a valid unexpired passport. He can also use a US birth certificate or naturalization certificate in place of the passport.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  2. He will have to show proof of citizenship but the fact that his passport is expired will have no impact on your case.

  3. He needs to prove that he is a US citizen. A valid passport can be used for that purpose.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  4. I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

  5. It does not matter if his passport is expired.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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